J. L. GREER AND N. POWERS, CO-PARTNERS TRADING AS HILLSBOROUGH LUMBER COMPANY, PLAINTIFFS IN ERROR,
v.
FRED A. ILLGEN, AN INFANT, BY HIS NEXT FRIEND, AUGUST F. ILLGEN, DEFENDANT IN ERROR
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The Florida Supreme Court affirmed a personal injury judgment for a minor injured while working in a lumber mill, finding sufficient evidence of employer negligence and no clear contributory negligence.
Yes, there was substantial evidence to support the jury's finding of negligence by the defendants, and contributory negligence did not clearly appear given the plaintiff's age and the circumstances.
“There was substantial evidence to support a finding of negligence by the defendants within the allegations of the declaration, and contributory negligence does not clearly appear in view of the age of the plaintiff and the circumstances of the injury.”
This quote establishes the court's reasoning for upholding the jury's finding of negligence and rejecting the defense of contributory negligence.
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Join FLexlaw to unlock all legal intelligenceA 17-year-old minor, Fred August Illgen, was injured while operating a "joiner" machine in the defendants' lumber mill. The minor alleged his injuries…
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Whiteield, J.
A judgment for $750.00 damages for personal injuries to Fred August Illgen, an infant 17 years of age, was rendered against the defendants and a writ of error was taken.
The declaration in effect alleges that the injured party was employed by the defendants as a workman in their lumber mill and while operating a “joiner” in said mill plaintiff was injured, because of his youth and inexperience, the negligent failure of defendants to provide safe machinery, and, defendants’ negligence in not warning plaintiff of the dangers. There was a plea of not guilty and also special pleas. Rulings on the pleadings, if erroneous, were not harmful.
There was substantial evidence to support a finding of negligence by the defendants within the allegations of the declaration, and contributory negligence does not clearly appear in view of the age of the plaintiff and the circumstances of the injury. Brand v. Atlantic Coast Line R. Co., 64 Fla. 184, 59 South. Rep. 956; German-American Lumber Co. v. Barrett, 66 Fla. 181, 63 South. Rep. 661. The cause was fairly submitted to the jury and the verdict both as to liability and as to the damages awarded has ample support in the evidence. No material error of procedure appears.
Judgment affirmed'.
Browne, C. J., and Taylor and West, J. J., concur. Ellis, J., dissents.
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Addie Irene Catlett v. Chestnut, 107 Fla. 498 (Fla. 1933)…e license and a marriage ceremony conducted by a minister or authorized civil officer officiating in the presence of a throng of witnesses. The leading eases on the subject of common law marriages in Florida are: Marsicano v. Marsicano, 79 Fla. 278, 84 Sou. Rep. 156; Chaves v. Chaves, 79 Fla. 602, 84 Sou. Rep. 672; Caras v. Hendrix, 62 Fla. 446, 57 [*513] Sou. Rep. 345; LeBlanc v. Yawn, 99 Fla. 328, 126 Sou. Rep. 789. See also Daniel v. Sams, 17 Fla. 487; Warren v. Warren, 66 Fla. 138, 63 Sou. Rep. 726; Green v…
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Pillet v. Ershick, 99 Fla. 483 (Fla. 1930)…v. Bissett, 59 Fla. 360, 52 So. R. 367; Consolidated Naval Stores Co. v. McNeill, 60 Fla. 38, 53 So. R. 843; George E. Wood Lumber Co. v. Gisson, 63 Fla. 316, 58 So. R. 364; Tampa & J. R. Co. v. Crawford, 67 Fla. 77, 64 So. R. 437; Greer v. Illgen, 79 Fla. 383, 84 So. R. 156; Alexander v. Rhine, 78 Fla. 313, 82 So. R. 831. The facts in the ease of Rubio v. Armour & Co., 94 Fla. [*490] 761, 116 So. R. 40, are not analogous to those in the case at bar. In the Rubio case the driver of the automobile could n…
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Madison v. Robinson, 95 Fla. 321 (Fla. 1928)…75. While marriage, whether formally solemnized or a common law marriage, is something more than a mere contract, it is nevertheless a contract. It is founded upon the mutual consent and agreement of the parties. Marsicano v. Marsicano, 79 Fla. 278, 84 So. 156; Chaves v. Chaves, 79 Fla. 602, 64 So. 672. It is therefore necessarily a “transaction” as well as a “communication” between the parties. The fact that the estate of the deceased is not interested in the result of this case is not material to this…
Previewing 3 of 26 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Friend v. Atl. Coast Line R.R. Co. & Atl. Land & Improvement Co., 64 Fla. 184 (Fla. 1912)
- German Am. Lumber Co. v. Barrett, 66 Fla. 181 (Fla. 1913)